Sample Essay on:
Questions of International Law

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Essay / Research Paper Abstract

This 5 page paper discusses various issues in international law including customary international law and human rights; animosity against the death penalty; the Geneva conventions; the Nuremberg legacy; and the arrest of Augusto Pinochet. Bibliography lists 6 sources.

Page Count:

5 pages (~225 words per page)

File: KV32_HVlawint.rtf

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Unformatted sample text from the term paper:

rights and customary international law: Customary International Law (CIL) is one of two forms of international law, the other is the treaty (Goldsmith & Posner, 1999, p. 1113). CIL is difficult because its not based on a formal code of agreed laws, but rather on what has become customary over time; CIL is a tangled web of regulations that have come into existence by expedient of being used and agreed to by the nations that abide by them (Goldsmith & Posner, 1999, p. 1113). That being the case, nations "do not comply with norms of CIL because of a sense of moral or legal obligation; rather, their compliance and the norms themselves emerge from the states pursuit of self-interested policies on the international stage (Goldsmith & Posner, 1999, p. 1113). In this context, a human rights rule could find its way into customary international law because it is expedient for the nation proposing the rule to do so. For example, if a country with numerous human rights violations understood that it would lose trading privileges with other nations as long as those violations were extant, it might choose to put a human rights rule in place. However, since the CIL "lacks a centralized law-maker, a centralized executive enforcer, and a centralized, authoritative decisionmaker," it seems that there is no way for any such rule to be enforced (Goldsmith & Posner, 1999, p. 1113). Therefore, a nation could in theory propound a human rights rule and still violate the civil rights of its citizens "behind closed doors" as it were. Unless stories of continuing abuse leaked out, there is no way under CIL to monitor the nations behavior. Why is there so much animosity against the death penalty in international law? The death penalty is controversial in most settings, but ...

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